Social science and the Courts

Social scientists have increasingly become involved in the submission of amicus curiae or friend of the court briefs in legal cases being decided by state and federal courts. This increase has triggered considerable debate about the use of briefs to communicate relevant social science research. This article evaluates the strengths and weaknesses of various methods of summarizing social science research for the courts. It also reviews the procedures for submitting briefs developed by the American Psychology-Law Society which, in collaboration with the American Psychological Association, has submitted its first brief inMaryland v. Craig, a case recently decided by the U.S. Supreme Court.The authors wish to thank James Ogloff, Kathy Roesch, and Claudia Worrell for their comments on an earlier draft     

Attitudes of Canadians toward affirmative action: Opposition,value pluralism,and nonattitudes

Set against a backdrop of current public policy and case law, this study investigates Canadian attitudes toward affirmative action among both citizens and decision makers. We find low levels of support for such programs across a variety of contexts and intended beneficiaries, but we also discover that opinion on both sides of the issue is rather soft, for large portions of those taking positions on the matter are willing to reconsider their views when prompted. We interpret this finding as an indication of what Philip Converse has called nonattitudes. Thus, a substantial portion of Canadians appear to hold no genuine attitudes on the question of affirmative action and are relatively open to persuasion. In contrast, the preferences of those with stable attitudes are rooted in the tradeoff between values of equality and merit. Implications for policy activists in this issue area are discussed.The research reported here is part of a large project supported by the Social Sciences and Humanities Research Council (Grant No. 411-85-001). The Centre of Criminology at the University of Toronto has provided a home, and indispensable support, for the Charter Project. This research was also facilitated by a contribution from the Solicitor General of Canada to the Centre of Criminology, University of Toronto. Our thanks also go to Robert Vipond for his help in clarifying our concepts.